Stewart v. Ford

Stewart v. Ford

Petitioner:	Dallas Jay Stewart
Respondent:	Tammy Ford
Case Number:	1:2016cv00081
Filed:	October 3, 2016
Court:	US District Court for the Middle District of Tennessee
Office:	Columbia Office
County:	Marshall
Presiding Judge:	William J. Haynes
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
August 17, 2017	Filing 31 ORDER: Pending before the Court is a Report and Recommendation of the Magistrate Judge (Doc. No. 28 ), to which Plaintiff did not object. The Court has reviewed the Report and Recommendation and conducted a de novo review of the record. The Rep ort and Recommendation is ADOPTED. Accordingly, the Petition for a Writ of Habeas Corpus is DISMISSED WITH PREJUDICE. The Court will not issue a certificate of appealability because Petitioner has not made a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2) (2012). Signed by Chief Judge Waverly D. Crenshaw, Jr on 8/17/2017. (xc:Pro se party by regular mail. ) (mg)
July 28, 2017	Filing 28 REPORT AND RECOMMENDATION: Mr. Stewart has procedurally defaulted on his claims of ineffective assistance of trial counsel pleaded in Ground One and Ground Two does not state a claim upon which habeas corpus relief can be granted. It is therefore r espectfully recommended that the Petition herein be dismissed with prejudice. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certificate of appealability and the Court should certify to the Sixth Circuit that any appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis. Signed by Magistrate Judge Michael R. Merz on 7/28/2017. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)

Date Filed

Document Text

August 17, 2017

Filing 31 ORDER: Pending before the Court is a Report and Recommendation of the Magistrate Judge (Doc. No. 28 ), to which Plaintiff did not object. The Court has reviewed the Report and Recommendation and conducted a de novo review of the record. The Rep ort and Recommendation is ADOPTED. Accordingly, the Petition for a Writ of Habeas Corpus is DISMISSED WITH PREJUDICE. The Court will not issue a certificate of appealability because Petitioner has not made a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2) (2012). Signed by Chief Judge Waverly D. Crenshaw, Jr on 8/17/2017. (xc:Pro se party by regular mail. ) (mg)

July 28, 2017

Filing 28 REPORT AND RECOMMENDATION: Mr. Stewart has procedurally defaulted on his claims of ineffective assistance of trial counsel pleaded in Ground One and Ground Two does not state a claim upon which habeas corpus relief can be granted. It is therefore r espectfully recommended that the Petition herein be dismissed with prejudice. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certificate of appealability and the Court should certify to the Sixth Circuit that any appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis. Signed by Magistrate Judge Michael R. Merz on 7/28/2017. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)

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Petitioner: Dallas Jay Stewart
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Respondent: Tammy Ford
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